Fiteq Inc v. Venture Corporation et al

Filing 324

ORDER GRANTING 315 ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman. (blflc2S, COURT STAFF) (Filed on 10/23/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FITEQ INC,

Case No. 13-cv-01946-BLF
Plaintiff,

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v.
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VENTURE CORPORATION, et al.,
Defendants.

ORDER GRANTING DEFENDANTS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
[Re: ECF 315, 319]

United States District Court
Northern District of California

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Before the Court is Defendants’ Administrative Motion to File Under Seal all but the

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header and footer of an email attached as an exhibit to Defendants’ Motion for Partial Summary

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Judgment (“Exhibit”). ECF 315. The Exhibit contains information Plaintiff designated as

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protected under the parties’ Protective Order. See Def.’s Mot. at 2; see also Protective Order, ECF

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98. Plaintiff supports Defendants’ Motion. See Pl.’s Resp., ECF 319.

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Courts recognize a “general right to inspect and copy public records and documents,

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including judicial records and documents.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d

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1172, 1178 (9th Cir. 2006). When a party requests to seal judicial records attached to a dispositive

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motion, such as the motion for partial summary judgment at issue here, it must show “compelling

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reasons.” Id. at 1172.

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Plaintiff has established that the requested portions of the Exhibit discuss historical costs,

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cost projections, and potential terms for the acquisition of a third party. See Pl.’s Resp. at 1. In

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addition, the Exhibit includes a “highly granular” spreadsheet that details cost projections over

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several quarters. Id. The Court finds that, if disclosed, this information could cause substantial

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economic harm to Plaintiff. Thus, the parties have satisfied the “compelling reasons” standard.

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Because this material is sealable, the request also complies with Civil Local Rule 79-5(b).

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The Court has reviewed the redactions and finds them to be narrowly tailored, as required by Civil

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Local Rule 79-5(d)(1)(C). As such, Defendants’ motion to file all but the header and footer of the

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Exhibit under seal is GRANTED.

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IT IS SO ORDERED.
Dated: October 23, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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